Swift v. Martin
Missouri Court of Appeals
Appeal from Nodaway Circuit Court, Hon. H. S. Kelley, Judge. Statement of case by the court. In 1869 Luther Swift died intestate, the owner and in possession of a certain promissory note for five hundred dollars, executed by one Enoch Liggett to Isaac Lillybridge, and by Mm endorsed for value to said Luther Swift. At the time of said Luther Swift’s death Isaac Lillybridge was indebted to him in the sum of five hundred dollars.
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Appeal from Nodaway Circuit Court, Hon. H. S. Kelley, Judge. Statement of case by the court. In 1869 Luther Swift died intestate, the owner and in possession of a certain promissory note for five hundred dollars, executed by one Enoch Liggett to Isaac Lillybridge, and by Mm endorsed for value to said Luther Swift. At the time of said Luther Swift’s death Isaac Lillybridge was indebted to him in the sum of five hundred dollars. Luther Swift died without children, but left a widow, Nancy Swift. Nancy Swift was not appointed administratrix of her late husband’s estate, but nevertheless took the…
1Opinion of the Court
*492I.
Hall, J.
“If one, who'is neither executor nor administrator, intermeddles with the goods of the deceased, or does any other act characteristic of the office of executor, he thereby makes himself what is called in law, an executor of his own wrong, or, more usually, an executor de son tort.” 1 Williams on Executors, 148 ; see, also, Foster v. Nowlin, 4 Mo. 18; Craslin et al. v. Baker, 8 Mo. 437; Graves, Adm’r, v. Poage, 17 Mo. 91; Magner v. Ryan, 19 Mo. 196.
“ When a man has so acted as to’ become in law an executor de son tort, he thereby renders himself liable, not only to an action by the…
2Cases cited5 opinions
- Foster v. NowlinSupreme Court of Missouri · 1835
- Magner v. RyanSupreme Court of Missouri · 1853
- Graves' Administrator v. PoageSupreme Court of Missouri · 1852
- Craslin v. BakerSupreme Court of Missouri · 1844
- Graves v. PriestSupreme Court of Missouri · 1822
3Cited by4 opinions
- Hyde v. HoniterMissouri Court of Appeals · 1913
- Western Nat. Life Ins. v. Williamson-Halsell-Frasier Co.Supreme Court of Oklahoma · 1913
- Imboden v. Union Trust Co.Missouri Court of Appeals · 1907
- Rozelle v. HarmonMissouri Court of Appeals · 1888